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622 So. 2d 173

Banta v. Phillips Co.

District Court of Appeal of Florida

Decided August 12, 1993

District Court of Appeal of Florida · decided 1993-08-12

Relies on 415 So. 2d 886 - Scott Smith Oldsmobile v. Hoffard · 390 So. 2d 191 - Central Oil Co. v. Campen

Decided 1993-08-12

PER CURIAM.

¶1The appealed order is affirmed, except insofar as the judge addressed the question of maximum medical improvement and the existence of any permanent impairment. It was not necessary for the judge to address these matters to resolve the claim, and they were not within the scope of the issues presented for adjudication. The judge thus should not have entered a ruling as to these matters. See e.g., Scott Smith Oldsmobile v. Hoffard, 415 So.2d 886 (Fla. 1st DCA 1982); Central Oil v. Campen, 390 So.2d 191 (Fla. 1st DCA 1980). The maximum medical improvement and permanent impairment determinations are therefore stricken from the appealed order, and as amended the order is affirmed.

ZEHMER, C.J., and ALLEN and WEBSTER, JJ., concur.
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